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April 2012

In a recent article in TRG Personal Injury Litigation News(March 2012), Kelly Kirkland argued that a clear and convincing standard of proof should be adopted in tort cases where large damage awards were at stake. In other words, the more seriously injured the victim, the more difficulty the ability to recover. According to the article, an increased standard of proof is necessary because the outcome of these suits . . . affect . . . the distribution of existing wealth. A necessary predicate to Mr. Kirkland's proposal is that a tort crisis exists. The problem is that Mr.

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As part of the settlement of a class action case brought on behalf of some 32,000 residents of understaffed skilled nursing facilities, including those in Humboldt County, the parties agreed to the disbursement of $198,078 of settlement funds to Area 1 Agency on Aging.

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Since 2005 there have been at least 46 buyouts of nursing home operators. Private equity firms now own three of the five largest nursing home chains in the United States, including HCR Manor Care which was bought by the Carlisle Group for more than $6 billion dollars in 2007.

The private equity firms claim that, even though they are “for profit,” they can still provide excellent care for seniors. However, recent studies show that is simply untrue.